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Trust allocating depreciation via 1041 schedule K1

I have a question about depreciation for a Trust.  It is a California based trust in case that makes a difference.  The trust has rental income, and depreciation.  Some of the income, and some of the depreciation will be distributed to the beneficiaries.

 

The goal would be to retain some depreciation for the trust tax return, and distribute the rest equally between the beneficiaries using schedule K-1 (form 1041).  Can the trust decide how much depreciation it keeps, and how much it passes to the beneficiaries?  Or does the depreciation the trust keeps have to be proportional to the amount of income that the trust keeps?  Or is there another rule for how this number is determined?

 

 

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3 Replies
M-MTax
Level 14

Trust allocating depreciation via 1041 schedule K1

The default and general rule is that depreciation follows income (e.g., 50% of rental income allocated to the trust, then 50% of depreciation is also allocated to the trust).

Trust allocating depreciation via 1041 schedule K1

Thank you for the answer.  If I want to give a higher percentage or lower percentage of the depreciation to the beneficiaries in order to take advantage of a lower tax bracket, is that allowed?  Or does that make things complicated.  

M-MTax
Level 14

Trust allocating depreciation via 1041 schedule K1

You can do that but only if the trust or state law requires or permits the trustee to maintain a depreciation reserve.

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